Second Schedule — REFERENDA ACT

[ARTICLE 10]

Provisions regulating the Conduct of Referenda

1. In this Schedule

"Act" means the General Elections Act; and

"Ordinance" means the Electoral Polling Ordinance.

2. The Act shall apply to referenda as if

(1) unless otherwise determined by the Electoral

Commission because of their context, references

therein to "election" "general election" or "election of

the Members of the House" were references to

"referendum";

(2) the definition of "political party" in article 2(1) thereof

were substituted by the following

" "political party" means any person or group of

persons who, having contested the general

election under one name, is represented in the

House by at least one member.";

(3) the reference to "the number of electoral divisions

being contested by it" in article 61A(1) thereof were a

reference to the number of electoral divisions involved

in the referendum;

(4) the words "set out in Schedule 8(B) of this Act" in

article 68(3) thereof were deleted;

(5) article 71 thereof were substituted by the following

"71. (1) Each voter shall have one vote and shall

indicate his choice by placing on the ballot

paper an "X" or other mark either over the box

indicating an affirmative vote or over the box

indicating a negative vote

Provided that a vote shall not be invalid if

the mark is not over the box but is placed in such

manner that in the opinion of the Commission it

clearly indicates the choice of the voter.

(2) A ballot paper shall be invalid in which

(a) an "X" or other mark indicating the choice

of the voter is not placed; or

(b) an "X" or other mark indicating the choice

of the voter is placed over both boxes; or

(c) it cannot be determined with certainty over

which box the "X" or other mark is placed;

or

(d) any writing or mark is placed by which the

voter can be identified; or

(e) the official mark of the Commission is not

made.";

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(6) in article 72(4) thereof the words from "and following

the procedure" to the end thereof were substituted by

the words "after the Assistant Commissioner has read

to the voter the question put and asked him whether he

would like to vote "Yes" or "No".";

(7) article 77(2) thereof were substituted by the following

"(2) A mixed polling place is a polling place which

contains a ballot box in which the voters

mentioned in sub-article (4)(a) and (b) shall

vote.";

(8) in article 86(10) thereof the period of preservation of

the papers and documents therein mentioned were five

years from the day of publication of the official

results;

(9) in article 89(2) thereof the words "the number of

candidates presented by it to contest the election" were

substituted by the words "the number of counters being

used by the Commission at any one time";

(10) in article 107(1) thereof the period for which the

papers shall be kept were five years from the date of

the referendum;

(11) in articles 108 and 115(1) thereof the words from "the

right of any person" to the words "to the House" were

substituted by the words " the legality of the

referendum";

(12) in the Sixth, Tenth and Eleventh Schedules thereto for

the words "an election of Members of the House of

Representatives" wherever they occur there were

substituted the words "a referendum";

(13) the Thirteenth Schedule were amended as follows

(a) regulations 2, 7(3) and (4), and 8 to 22, both

inclusive, were deleted;

(b) in regulation 3 the words "first preference" were

substituted by the word "mark";

(c) in regualtion 4(5) the words "indicating the

candidate to which the first preference has been

given" were substituted by the words "indicating

the choice of the voter"; and

(d) in regulation 7 references to "candidates" and

"trays" were references to the choice given to the

voter between a "Yes" and a "No" vote;

(14) articles 15 to 44, 45(a), 49(3) to (8), 51 to 55, 60,

68(2), 71(1) to (3), 104(2) to (4), 105(2), 106(3),

107(3), 109 and 112(1)(a), and the Second, the Third,

the Fourth, the Fifth, the Eighth, the Eighth (B), the

Ninth and the Twelfth Schedules thereof were deleted;

and

(15) all references therein to "electoral divisions",

"candidates", "transfer of votes" and "first preference"

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were deleted.

3. The Ordinance shall apply to referenda as if articles 41 to

52 and 58 to 62 thereof were deleted and references therein to

"election" and "election of a Member of the House" were

references to "referendum".".

← Art. 2 Interpretation. REFERENDA ACT Art. 3 Objects of referenda. →